Sudha Bharadwaj To Bombay High Court


Pune Judge 'Pretended' To Be Special Judge, Denied Bail Without Power: Sudha Bharadwaj To High Court

The High Court is prone to proceed listening to the arguments on Sudha Bharadwaj’s plea on July 8. (File)


Activist Sudha Bharadwaj, an accused within the Elgar Parishad-Maoists hyperlinks case, advised the Bombay High Court by her lawyer on Tuesday that the decide who remanded her to custody following her arrest in 2018 had “pretended” to be a delegated particular decide and orders issued by him had been accountable for an extended keep in jail for herself and different co-accused.

Senior counsel Yug Chaudhry, who appeared for Bharadwaj, advised the excessive courtroom that KD Vadane, an extra periods decide in Pune, had remanded her and eight different activists to the Pune Police’s custody in 2018.

Vadane subsequently granted an extension of time to the Pune Police to file a chargesheet within the case, taken cognisance of the chargesheet, and in October 2018 denied bail to Bahardwaj and three different co-accused. While passing orders on the entire above-mentioned proceedings, Vadane had claimed to be a “special UAPA judge”, and had signed the orders because the particular UAPA decide, Mr Chaudhry advised the HC.

Mr Chaudhry mentioned he had replies given by the Maharashtra authorities and the excessive courtroom to RTI queries filed by Bharadwaj that mentioned Vadane had by no means been designated as a particular decide below any authorized provision.

Mr Chaudhary was making last submissions earlier than a bench of Justices SS Shinde and NJ Jamadar on a plea filed by Bharadwaj final month looking for default bail.

In her plea, Bharadwaj additionally sought to quash and setting apart of the order handed by decide Vadane extending the time for submitting of chargesheet and issuing course of.

Chaudhry advised the bench that as per the CrPC, UAPA Offences had been scheduled offences. The state police, as per CrPC, is permitted to proceed probing the case as long as the NIA doesn’t take over. However, the cognisance of such a case will be taken solely by a particular courtroom, he mentioned.

“Records show that ADJ Vadane pretended to be a special judge. If our argument is correct prima facie, then his orders rejecting bail, extending time, accepting chargesheet, and the chargesheet itself will be wrong in law,” Mr Chaudhry mentioned.

“It will then follow that these people (Bharadwaj and her co-accused) have been in illegal detention,” he mentioned.

Mr Chaudhry advised the bench that the Maharashtra authorities had did not file its reply to his plea regardless of orders of the excessive courtroom asking for a similar.

The National Investigation Agency (NIA), the present prosecuting company within the case, had filed a reply affidavit, however it was silent on the allegations towards Judge Vadane.

“With utmost humility, I say that the bedrock of judiciary is shaken when a non-designated judge calls himself a designate judge and people languish in jail due to his orders,” Mr Chaudhry mentioned.

The excessive courtroom bench mentioned that whereas it didn’t doubt the RTI replies that Chaudhry had produced in courtroom, it wished to independently confirm the claims towards decide Vadane.

The bench then directed the excessive courtroom registry to position authentic information on Vadane’s appointment, designation and many others., earlier than the bench.
The excessive courtroom additionally mentioned that because the state had did not file a reply up to now, it could not be permitted to file any replies now. However, the state may produce authentic information on Vadane’s appointment if it wished to, it mentioned.

The HC is prone to proceed listening to the arguments on Bharadwaj’s plea on July 8.

The different activists, affected by Vadane’s orders are Vernon Gonsalves, Varavara Rao, Arun Ferreira, Sudhir Dhawale, Rona Wilson, Shoma Sen, Mahesh Raut, and Surendra Gadling.

Gadling has filed a plea looking for default bail on related grounds.

On Tuesday, the excessive courtroom granted the request of lawyer R Satyanarayan, Gadling’s counsel, for tagging his plea with Bharadwaj’s.


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